LAW

- is a collection of rules and principles that govern the conduct of affairs in a given state in a
given time
- is a set of legal rules designed to help, keep order protect property and keep people safe
-is a set of legal rules designed to help, keep order, protect property and keep people safe.

Rules

• are set of instructions to help people live and work togetter.

Importance of laws in a country.

- Laws provide justice, peace, order, protect fundamen rights and principles of persons or
laws are meant to regulate the conduct of persons.
CATEGORIES OF LAWS

1.International laws.

2. Constitution law.

3' private law

4. Criminal law

5. public law

6. Labour laws

7. Commercial law

8 Internal law/municipal law

1. International law

-is a body of rules and principles which regulate the conduct. and relations of members of
international Community.

2 Constitutional Law

- is a body of law which defines the role, powers and structure of different entities within a
state, namely the executive, the parliament or legislature and the judiciary

3 Private Law

- A branch of law that deals with the relations betivsen individuals or institutions rather than
relations between these and the state.
4 Criminal law.

-is the body of law that deals with crime and the legal punishment of Criminal offences

5 public law

-Includes Constitution Law, administrative law and criminal law.

6 Labour law

-deals with Labour and employment matters.

7 Commercial law

• is a branch of law that governs business and Commercial transactions

- This law is responsible for governing sale and distribution of goods and proper procedure
for payment of transactions, - business law refers to the laws that apply to business entities,
such as partnerships and Corporations

8 Internal law / municipal law

- the law of state regulating its internal affairs

- is defined in opposition to international law.

LAW AND MORALITY

-Wrongs may be classified as

1.legal wrongs

2. moral wrongs

Note: Legal wrongs are to be distinguished from rules of morality which are not enforced by
the courts unters the moral laws are also part of the laws of the state,

- If a person fails to honour his parents, he has broken the fifth Commandment, but has not
broken the law and is not liable to any court proceedings.
-However, if he breaks the eighth Commandment and steals, he can be prosecuted in a
criminal Court.
- It must be noted that in kenya, the magistrate Courts exercise both civil and criminal
jurisdiction

CLASSIFICATION OF LAW

The law is divided into two main branches, namely,

1. The criminal law.

2. The Civil Law

1. Criminal law

- is the body of law that deals with crime and the legal punishment of criminal offences

2. Civil law

is primarily concerned with the violation of private rights belonging to an undividual in his
capacity as an individual eg

1) Refusing to pay a loan

2) defaming another

3) Trespassing

4) Breach of contract

i Criminal cases

- are those in which the state prosecutes a person or an organisation for Committing an act
which is not in the interest of the public, and therefore considered to be an offence against
the state.

2. Civil cases

- originates from a person who seeks for a private wrong. Such as breach of Contract,
trespass or negligence or to join force civil remedies such as Compensatión, damages or to
stop some actión.

Note: The courts have power to hear and determine disputes, primarily of criminal and civil
nature.

2. Civil law

- is the system of law concerned with private relations between members of a Community
rather than criminal, millitary, or religions affairs

- refers to matters of private law as opposed to public Law

Crime

-is an unlawful act punishable by the state or government.

- is an offence against public law.
-Crimes are generally offences against the state and are prosecuted by the state.
-Act/behaviour offence against the public or state
-prosecutions of crimes are always conducted in the name of the state.

Deals with serious crimes such as

Murder
Robbery
prohibited Drug possession
Rape
Assault
kidnapping
Arson
Fraud
Theft
Burglary
Drunken driving

petty crimes or miñor crimes are miñor Legal offences

1) public drunkenness

2)pick pocketing

3)Theft

4) Vandalism -

- is not a serious crime unless the property destruction is worth a lot of money.

5)Trespassing

Note:
1)maximum penalties include fines and up to a jail term not exceeding one year,

2)Civil law
Civil suits are legal disputes in which one party files a complaint and seeks Compensation
for another party.

LAW
Law
- is a collection of rules and principles that govern the Conduct of affairs in a given state in a
given time. - Is a set of legal rules designed to help keep order, protect
property and keep people safe

Rules
- are set of instructions to help people live and work ligetter

SOURCES OF LAW
1. Constitution

2- Legislation, All other written laws including the act of kenya parliament.

3. Case law or Judicial precedent of Judicial decision or Common law

4 Custom Law

5. Islamic law

6. Law of Equity

1. Constitution

- is a set of fundamental ground rules setting out the powers of different branches of
government (i.e executive, legislative and judicial) and how these entities operate and
interrelate.

Government and its three organs

1) Executive-enforce law e.g police

2) Legislature-make law. Bill passes- becomes an act.

3) Judiciary - Interpret and applies law

2. Legislation

-These laws can be direct or indirect (made by parliament). The powers of parliament are
exercised by Bills. These Bills passes through three main stages before they become law;
1st reading, 2nd reading, Committee 3rd Reading, then president ascents/not approves

Terms

Act (of parliament) is a law made by parliament, A Bill that has passed all three Readings in
each house and has received the president arcent.

Bill

- is a proposal of a new law, which has been presented to parliament

Delegated legislation

- Is law made by some person or body other than parliament, but with the permission of
parliament.

Indirect legislation
-is when the rules are made by virtue of powers Contained in a statute which confers upon
some other Competent body the power to make rules having the force of law eg, the city
Council by-laws.

statute
- is a law enacted by legislature, Statutes are also called acts, such as the civil Rights Act
1964,

NB
-The legislative power of the republic is vested in parliament which consist of the president
and the national assembly.

legislation

is a law or set of laws that have been passed by parliament. The word is also used to
describe the act of making a new law.

Legislature

The legislative body of a country or state

Parliament

- Is a group of elected representatives with the power to make Laws

-is a legislative body of government.

Acts of parliament

- Act (of parliament) is a law made by parliament; - A bill that has passed all three Readings
in each House and has received the presidential ascent.

3 Common law (also known as judicial precedent, judicial decision, Judge made law or care
law

•These laws are found in law reports

- are based on past decisions of other judges in part cases, instead of laurs made by an
elected, legislative body.
-are laws made by judges through their decisions in court Cases
-Is the body of law created by Judges.
- is a body of unwritten law based on legal precedents (precedent is a history of judicial
decisions) established by the courts,
- relies ie case law on detailed records of similar situations and statutes because there is no
official legal code that can apply to the case at hand.
- Is the body of law developed from judicial opinións or decisións overtime (whereas
statutory Law Comes from legislative bodies and administrative law comes from Executive
bodies)

is the source of law where past decisions create law for judges to refer back to for guidance
in future cases.

OR Judicial precedent

-These laws are found in law reports

- They can either be declaratory which means that the court can apply the law the way it is
without extending its origin precedence

-The Court decides the case on the basis of general principles for the first time distinguishing
precedence when the facts are the same but court judge picks one issue to differentiate it
from previous cases or the precedence can be overruled-

Common law judge made law.

- is defined as a bedy of legal rules that have been made by Judges as they issue rulings on
cases al opposed to rules and laws made by the legislature or in official statute

Example

-Is a rule that a judge made strat says people have a duty to read contracts,

Common law, iis fact, constitutes rules of law developed by the courts through its decisions.
Note
- In deciding disputer judges of inferior Courts follow the decisions of the higher courts if
cases involving similar facts and points of law come before them it must be noted that it is
not the entire judgement which is building precedent.

- It is only that part which constitutes Itis reason for the decision and the rest of the
judgement is not binding

Declaratory precedent

- where a judge applies an already existing principle to the care before him for his
judgement, his decision is a declaratory. precedent.

-But if no applicable legal prínciple exists, the judge creates a new rule of law to govern the
facts before him and may act as a future precedent for the judges of the inferior courts,

4 Custom law

-These laws are applied by the court of appeal, high court and Supreme Court in all civil
cases in which one or more parties. are affected by it. These laws are applicable provided
that they are not opposed to justice, equity and conscience and provided they are consistent
with written law.

-matters covered in these laws are land dispute, marriage, divorce, dowry, seduction or
pregnancy of unmarried girls

5 Islamic law

•The rules of islamic are derived from the muslims religious book Quran which was revealed
to prophet Mohammed.
- It is a limited source of kenya law and is applied by Kadhis courts where both parties
profess the muslim faith and the dispute is related to one of the following
matters;
1)personal status
2)Marriage
3)Divorce
4)Inheritance.

6 Law of Equity

- is associated with principles of fairness and equity.

-a law of fairness and justice
-is concerned with fairness and justice
-Applies the rules of natural justice and morality.
- Equity means fairness, justice.

THE STRUCTURE OF COURTS IN KENYA (COURT STRUCTURE)

Fig, The existing structure of the kenya Courts, The hierarchy of courts in kenya

-From the diagram, the kenya court of appeal of the highest court for kenya both civil and
criminal matters Below. the court of Appeal Comes The High court and beneath Comer

1. The Kadhis courts.

2. Resident magistrate's courts

3. District magistrates Courts,

COURT STRUCTURE

-Courts under the constitution operate at two levels namely

1. Superior courts

1) Supreme court
2) Court of appeal

3) High Court

4) Employment and labour Relations court

5) Environment and Land court.

2 subordinate courts

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27

1) Magistrates Court
11) Kadhis Court
111) Count martial, and any other court or local Tribunal established by an Act of parliament

1. The Supreme Count

- is the highest court in the Judiciary while the lowest Court is the Magistrate Court

1- It hears and determines cases relating to presidential elections.

- it hears appeals on cases that have been concluded by theCount of Appeal, issues
advisory opinions on matters concerning
county Governments, is amy cases involving the interpretation or application of the
Constitution and in matters of general public Importance.
-further, The Supreme Court hears appeals from amy otter court or tribunal as prescribed by
national legislation and deternimesthe

- it Comprises

i) the chief justice (president of the court

ii)s the deputy Chief justice (vice president) and
iii) five judges

2 the court of Appeal

- the court of Appeal handles appeals arising over the decisions of

1)the High Court as well as

2)Other courts or Tribunal as provided for in law.

The count Comprises of a maximum of 30 judges.

The judges of the Court of Appeal elect a President from among themselves.
The court of Appeal Has been decentralised and currently has a total of six registries
namely, Nairobi,Mombasa Nyeri, Kisumu, Nakuru and Eldoret
3 The High Court

-The High Count Comprises A maximum of 200 judges and has original jurisdiction in all
criminal and civil matters.
-It has jurisdiction to hear all criminal and civil cases as well as appeals from the lower
courts.

The court is premier Court in interpretation the constitution,hears appeals from subordinate
Courts and tribunals and supervises all administrative bodies (Judicial review)
Court division include
1)Family
2) Commercial and Admiralty
3) Constitutional and judicial review
4)Land and environment
5) Industrial and Environmental and land court
-there are at least 20 High Count stations Country wide
The constitution has also established a Employment And Labour Relations Count and the
land and EnvironmentCount at the same level as the High court Employment and Labour
Relations Court deals with Labours and employment matters while the land and Environment
Court deals with land and environment matters and appeals from all tribunals dealing in long
and environment matters

4 Magistrates' Courts

deals with the majority of cases in kenya.

-There are 127 Court stations manned bp by at least 542 magistrates

A magistrate's Court has the authority to hear all criminal cases except murder, treason and
crimes under international law.
-also hear all civil cases except there limited by statute Other lower Courts include, Kadhir
courts, Courts martial aundTribanals

5 Kadhis Court

deal with cares such as family andsuccossios, while appeals go to High Court. They have
authority to hear cases on marriage, divorce and inheritance where those involved are
Muslims.

6. Courts Martial

- Hears Cases involving people serving in the Military.

-Hey are established under the Armed Forces Act.

7 Tribunals
- are bodies established by Acts of parliament to exarcise judicial or quasi-judicial functions.
They supplement ordinary Courts in the administration of justice.
- Tribunals, however, do not have penal jurisdiction.
NB:
-Tribanals, like the courts, have to respect the Bill of rights in their decisions and not be
repugnant to justice and morality or be inconsistent with the Constitution or other laws of the
land.
Most tribunals are subject to the supervision of the High Court, All Tribunals fall under the
judiciary.